N.D.Iowa: There is a REP in a wheelchair as an “effect”

Defendant had a reasonable expectation of privacy in his wheelchair where he’d hidden a gun. The automobile exception doesn’t apply to wheelchairs, and neither does Chadwick on the locked footlocker. The gun was seen by Walmart employees who called the police. Defendant was a felon in possession. United States v. Cunningham, 2021 U.S. Dist. LEXIS 118496 (N.D. Iowa Apr. 29, 2021) (the court notes it could find no case like it).

“In reviewing the record, we find that the evidence in this case is sufficient to show that the officers’ decision to conduct the inventory search of appellant’s vehicle was made in good faith, following the lawful arrest of appellant and his passenger, and was in accordance with police department policy. Accordingly, we find that the officers’ inventory search was lawful.” State v. Upchurch, 2021-Ohio-2143, 2021 Ohio App. LEXIS 2102 (6th Dist. June 25, 2021).*

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